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Reporting Serious Misconduct (Examples of serious misconduct:…

In court - the judge will normally report the matter to the BSB, barrister acting in judicial position - obligations as judge take precedence

Must never make, threaten to make a report without a genuine and reasonably held belief that the obligation to report applies

Consider this before reporting: (1) whether the individuals' instructions might have a bearing on the assessment of their conduct; (2) whether the person concerned has been offered a chance to explain; (3) any explanation offered; (4) whether the matter has been raised in the litigation in which it occurred, if not, why not, (5) risk that the misconduct will be repeated

No duty to report if: (1) the relevant facts are already in the public domain; (2) reasonably consider that those facts will have come to the BSB's attention; (3) relevant person has already been reported

Make the report as soon as practicable - if the BSB decide to go ahead with the complaint, the complaint will be in the name of the BSB not the barrister who reported it - protect identity

How to report: (1) complete a 'Reporting Serious Misconduct Form' send it by hand or email

Pupil - may first wish to speak with colleagues or head of chambers, establish whether any other person is aware of the misconduct + whether they have reported - don't need report if you reasonably believe someone else has reported

Obligation on all barristers not to victimise anyone for making in good faith a report of serious misconduct - don't want to prevent people reporting, especially pupils and new barristers who may fear repercussions

Depending on the severity and impact of the discriminatory behaviour, discrimination can constitute serious misconduct

Examples of serious misconduct:

professional conduct that poses a serious risk to the public

failure by a barrister to report promptly to the BSB

being drunk or under the influence of drugs in court

knowingly or recklessly misleading, or attempting to mislead the court or an opponent

encouraging a witness to give evidence which is untruthful or misleading

seeking to gain access without consent to confidential information relating to another member of chambers, member of staff or pupils

seeking to gain access without consent to instructions or other confidential information relating to the opposing party's case

assault or harassment

dishonesty

Whether or not misconduct is serious misconduct is a matter of judgment, which will depend on the particular circumstances